>bench warrant is out on him asking for him to be arrested and brought
>to the court.
>
>With the freedom of speech comes the responsibility to stand up for
>what one said. If you can't take that responsibility, and yet continue
>to claim freedom of speech, then you're a pretty stupid person, or
>bizarre would be the better descriptive in Armstrong's case.
>
>wgert
>
>
>Paul
>>justin@directnet.com wrote:
>>> This guy is avoiding justice.
>>> But it his likes that ARS validates and encourages.
>>> Is there no voice out there with the courage or honesty to reject
>>> Armstrong?
>
>>Why should we? Gerry Armstrong is on your hit list for the simple crime
>>of speaking out--nothing more. His sole "crime" is disobeying what he
>>believes is an invalid court order silencing him. Given that, why would
>>it be "courageous" or "honest" to reject him?
>
>>-Paul
>
>
Gert:
I know you're Miscavige's tool and can't do anything about it. But he
can do something about it, so this is for him. I know you've read it,
and I know DM's read it, but maybe somebody hasn't, and should
understand why DM has you tell such rotten lies.
Gerry
George W. Abbott, Esq.
GEORGE W. ABBOTT, CHTD.
Nevada Bar No. 2178
2245-B Meridian Boulevard
P.O. Box 98
Minden, Nevada 89423
(702) 782-2302
(702) 782-8362 (fax)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
CV-N-97-00670-HDM (RAM)
GERALD ARMSTRONG,
Plaintiff,
vs.
DAVID MISCAVIGE and CATHY NORMAN, individuals;
CHURCH OF SCIENTOLOGY INTERNATIONAL, a California corporation;
RELIGIOUS TECHNOLOGY CENTER , a California corporation;
the SEA ORGANIZATION, a California based unincorporated entity ;
and the CHURCH OF SCIENTOLOGY OF TEXAS, a Texas corporation;
Defendants.
COMPLAINT FOR LIBEL AND FOR DEFAMATION AND FOR OTHER RELIEF
JURY DEMAND
(filed November 24, 1997)
Plaintiff, Gerald Armstrong, alleges as follows:
JURISDICTION AND VENUE
1. Subject matter jurisdiction resides in this Court
pursuant to 28 U.S.C.A. sec. 1332 as plaintiff is a resident of
Nevada, and defendants are residents of California or of Texas.
2. The amount in controversy exceeds Seventy-five
Thousand Dollars ($75,000), exclusive of interest and costs.
3. Venue is laid in this United States District Court
(Northern Division) for the District of Nevada pursuant to 28
USCA sec. 1391 (a) and pursuant to Local Rule 1002 (b) (1-2).
NATURE OF THE ACTION
4. Plaintiff, as claims for relief, alleges
entitlement to damages caused by defendants' malicious
publication and dissemination of false and defamatory
statements, as well as claiming damages for defendants'
intentional infliction of emotional distress upon him.
PARTIES
5. Plaintiff Gerald Armstrong ("GA", "Armstrong") a
resident of Nevada at the time of filing this complaint, from
1969 through 1981 was a devoted and trusted Scientologist. From
1971 through 1981 he was a member of the Sea Organization, the
highly dedicated upper echelon and management arm of Scientology.
For significant portions of that period he dealt directly with
Scientology founder L. Ron Hubbard and became intimately familiar
with organization policies and practices. Armstrong's last
assignment was to maintain and make available to Hubbard's
biographer the most personal and revealing Hubbard boyhood-
forward lifetime documents. It was in this period that Armstrong
discovered the dark side of Scientology's founder, ultimately
leading Armstrong to leave the organization.
6. Defendant Church of Scientology International
("CSI") and defendant Religious Technology Center ("RTC") both
California corporations, as recently as October 29, 1997 have
been found by the California Superior Court of Los Angeles County
to be two of the alter ego firm control entities of the full
Scientology operations.
7. Defendant Sea Organization ("Sea Org"), an
unincorporated California-based entity or association housed in
the various business offices of that state's corporate party
defendants herein, is the third of the alter ego entities which
control Scientology throughout the world.
8. Defendant David Miscavige ("DM", "Miscavige") is
the individual who is the present RTC chairman and the highest
ranking member of the Sea Org. The Sea Org, on information and
belief and upon proofs to be adduced in these proceedings, is
"the absolute power center" of the whole "Scientology"
establishment said to be located worldwide, including 150
satellite or affiliated entities claimed to exist in the United
States. Miscavige sits alone and highest at the very center of
"the absolute power center," controlling absolutely by whatever
traditional Scientology/Hubbard/Miscavige means are required.
9. Defendant Church of Scientology of Texas ("CST")
is a Texas corporation, under the domination and control of the
California defendants herein.
10. Defendant Cathy Norman ("Norman") is an employee
of CST, and responsible to, receiving orders from, and under the
domination and control of, the California defendants herein.
GENERAL ALLEGATIONS
11. Plaintiff does repeat, reallege, adopt, and
incorporate by reference as though set out in haec verba herein,
each allegation contained in paragraphs 1 through 10 hereinabove.
12. In 1981 Armstrong became disillusioned because his
duties led him to archived papers disclosing critical personal
frauds and organization deceptions perpetrated by other Hubbard
intimates and by Hubbard himself during his years heading up
Scientology. During his archiving activities Armstrong observed
that over Hubbard's adult life he used a philosophy of
"opportunistic hatred" and the "acts which flow therefrom (lying,
cheating, stealing, compromising, entrapping, obstructing,
bullying, blackmailing, destroying) as the solution to his
problems."
13. In the 1960's Hubbard established this philosophy
and practice as policy for the Scientology organization's
treatment of people designated as "enemies," and dubbed this
policy "fair game." The fair game policy states that "enemies"
"may be deprived of property, injured by any means by any
Scientologist...may be tricked, sued, or lied to or destroyed."
14. One of Scientology's mechanisms for implementation
of fair game against a designated "enemy" is a policy and
practice of character assassination, which Hubbard termed "black
propaganda" or "black PR." The stated purpose of black PR is to
destroy an "enemy's" reputation and credibility or public belief
in him by the manufacture and spreading of falsehoods about him.
15. Fair game has been judicially condemned many
times. In a landmark California proceeding, Los Angeles Superior
Court Judge Paul G. Breckenridge, Jr. in his decision rendered in
1984 in the case of Scientology v. Gerald Armstrong, Case No.
C420153, stated in a now haunting declaration:
"In addition to violating and abusing its own members
civil rights, the organization over the years with its
"Fair Game" doctrine has harassed and abused those
persons not in the Church whom it has perceived as
enemies. The Organization clearly is schizophrenic and
paranoid, and this bizarre combination seems to be a
reflection of it founder LRH."
16. In response to such judicial and societal
condemnation of its practices, defendants have claimed over the
past many years that the fair game doctrine had been "canceled",
is "no longer Scientology policy" and "no longer practiced."
Defendants claim that the people who were harassing and abusing
others were doing so in violation of Hubbard's/organization
policy, and as a result were purged from the organization.
Defendant Miscavige, the present supreme director of all
Scientology components, claims that he was personally responsible
"for the purge" and "for the elimination of fair game activities."
SPECIFIC ALLEGATIONS
17. Plaintiff does repeat, reallege, adopt, and
incorporate by reference herein as though set out in haec verba
herein, each allegation contained in paragraphs 1 through 16
hereinabove.
18. The grim truth however -- and notwithstanding the
repeated public Miscavige statements, as demonstrated infra -- is
that defendants herein have designated Armstrong an "enemy" and
have from the time he left Scientology and up to the present
subjected him to fair game and a massive international black PR
campaign. The document which gives rise to this complaint was
created and disseminated by defendant components of the
Scientology enterprise pursuant to fair game, and is black
propaganda.
9. Rather than deal responsibly with and actually
eliminate their antisocial nature and practices as condemned by
Judge Breckenridge, defendants have chosen to continue to subject
designated "enemies," including Armstrong, to fair game and black
PR. In their document which gives rise to this complaint,
defendants seek to undermine the validity of Judge Breckenridge's
decision by destroying Armstrong's reputation and credibility
through the manufacture and dissemination of falsehoods about
him. Clear, irrefutable proof is shown immediately hereinafter,
that "fair game" and "black propaganda"are very much alive and
spreading their frightening and historically contemptible poisons
however, whenever, wherever, the Scientology's Miscavige-CSI-RTC-
Sea Org cabal dictates.
20. Triggering this complaint: on October 21, 1996
one Cathy Norman caused transmission and publication of a one
page letter on the letterhead of the Church of Scientology of
Texas, Austin, to Craig Branch, Watchman Fellowship, P.O. Box
530842, Birmingham, Alabama, 35253. This letter showed a "cc:
James Walker", thus broadening its publication. Copy by
photocopy of the October 21, 1996 Norman-Branch letter marked
Armstrong Exhibit A is annexed and incorporated herein.
21. One of the enclosures was an eight page document
bearing a top line first date of 10-May-1993, followed by a court
of law case name in capital letters and the date (emphasis added)
June 20, 19_84_, _viz_:
CHURCH OF SCIENTOLOGY OF CALIFORNIA (PLAINTIFF)
vs.
GERALD ARMSTRONG (DEFENDANT)
June 20, 19_84_
22. As will presently be shown by plaintiff's
allegations, the first three paragraphs of this May 10, 19_93_
forty-five hundred + word critique by Miscavige-CSI-RTC-Sea Org
of a June 20, 19_84_ decision of a State of California Superior
Court Judge (Breckenridge) sent on October 21, 19_96_ by a Texas
Scientologist loyalist (Cathy Norman) to an Alabama Watchman
Fellowship adherent (Craig Branch) capsulize what this case is
all about. The subject documents reached plaintiff Armstrong in
Marin County, California before the month of November, 1996 was
over. The first paragraph, including its " headline" (the
"defendant" referred to is Gerald Armstrong, plaintiff here),
reads:
"FALSEHOOD IN DECISION OF JUDGE BRECKENRIDGE:
"While defendant has asserted various theories of
defense, the basic thrust of his testimony is that he
did what he did because he believed that his life,
physical and mental well being, as well as that of his
wife were threatened because the organization was aware
of what he knew about the life of LRH, the secret
machinations and financial activities of the Church and
his dedication to the truth."
23. The second paragraph of Armstrong Exhibit B,
including "headline" reads:
"TRUE INFORMATION:
"Los Angeles Superior Court Judge Paul
Breckenridge made the above statement as a part of a
decision where the Church had sued Armstrong for theft
of certain confidential documents from the Church. Far
from any "dedication to the truth," Armstrong had
boasted of his ability to lie and to forge documents."
24. The third paragraph then continues what can only
be described accurately -- if fidelity to the 1970s precepts of
L. Ron Hubbard himself is to be maintained -- as a 1993
Miscavige-CSI-RTC-Sea Org dissemination out of California of an
archetype, "fair game" implemented "Church of Scientology black
propaganda document," _viz_:
"Gerald Armstrong is a former clerk (Note 1) employed
by Church of Scientology of California. During the
later years of his tenure as an employee of the Church,
Armstrong was placed in charge of a huge quantity of
documents that belonged to L. Ron Hubbard that
contained private and personal information regarding
Mr. Hubbard. Part of his duties included research to
support the work of an author who had been retained to
write an authorized biography of Mr. Hubbard."
(Note 1: The labeling by Miscavige-CSI-RTC-Sea Org of Gerald
Armstrong as "a former clerk" reveals another black PR habit of
the Scientology people, that of persistently demeaning an "enemy"
or adversary. The truth is that the Armstrong positions in the
Sea Org actually included these: Ship's Legal Officer, Ship's
Public Relations Officer, Ship's Intelligence Officer, L.Ron
Hubbard's Deputy External Communications Aide, Deputy Commanding
Officer of Hubbard's Household Unit, and L. Ron Hubbard Biography
Researcher.)
A copy of the full eight page document, marked Armstrong Exhibit
B -- with the 27 paragraphs each bearing an Arabic numeral (thus,
1 through 27) -- is annexed and by such reference is incorporated
herein.
25. The two documents, Armstrong Exhibit A and
Armstrong Exhibit B, taken together, contain printed paragraphs
constituting libel per se. The two documents, taken together,
and as they were disseminated and mailed, constitute the
malicious and defamatory statements concerning plaintiff
Armstrong identified hereinafter. [Note, each "Item_ _" is keyed
to an Armstrong Exhibit B number stamped (as in 1 through 27) on
the left hand margin of Exhibit B."] Random partial
highlighting of some of the twenty-seven paragraphs support the
initial Armstrong claims for relief.
Item 2: "Gerry Armstrong far from being afraid for his
life, was actively engaged in secret machinations
his own to seize control of the Church...Armstrong
has boasted at length of his ability to lie and to
forge documents (Note 2)."
(Note 2: As defendants know (or are charged with knowing)
Miscavige-CSI-RTC-Sea Org (or at least the latter surely know)
the late L. Ron Hubbard, if it suited his purposes,
unhesitatingly _commanded_ document forgery and/or document
alteration, just as he caused to be constructed -- much of it
still part of the Hubbard folklore -- many egregiously false
aspects of his own life history, accomplishments, and beliefs.
Item 3: "Gerald Armstrong is a former clerk..."
Item 4: "Armstrong. . .left. . .taking with him huge
numbers of confidential documents which belonged
to Mr. Hubbard or his wife..."
Item 5: "... the Church received evidence that Armstrong
had stolen thousands of documents from Archives
when he left the Church."
Item 6: "Once the demand...was made, Armstrong turned the
stolen documents over ..."
Item 7: ". . .Church sued Armstrong for conversion, breach
of fiduciary duty...and invasion of privacy based
on Armstrong's theft of extensive amounts of
papers owned by the Church or the Hubbards."
Item 8: "His defense was stricken on four different
occasions (Note 3) by three different judges."
(Note 3: This defendants' statement is, simply, not true. The
defense of justification, or privilege, was never stricken. The
pre-trial judges did not permit the then-defendant Armstrong to
depend on the defense of "unclean hands," which would have barred
then-plaintiff Scientology from proceeding _in limine_.)
Item 9: "Armstrong and Flynn were ordered to turn all
copies of the documents that Armstrong had stolen
over to the court. . ."
Item 10: "The Church presented motions to prevent Armstrong
from introducing the stolen confidential
documents...The Church was completely ambushed in
the trial by these documents...the Church had no
chance to prepare and put on that evidence before
being hit with the documents in trial."
Item 11: "...witnesses...testified...with regard to his
alleged justification for stealing the documents."
Item 13: "The Church had proven that Armstrong was guilty
of stealing...Judgment, however, was entered in
favor of Armstrong, essentially finding that...The
only lawsuit that there was to fear was the one
that was ultimately filed for return of the stolen
documents."
Item 14: "...when he committed these thefts Armstrong...was
engineering a plan to infiltrate and take over the
Church at the behest of the Criminal Investigation
Division of the Internal Revenue Service..."
Item 15: "...the Church obtained permission from the Los
Angeles Police Department to conduct undercover
surveillance of Armstrong (Note 4)..."
(Note 4: Here, in this Exhibit B, the reader finds Miscavige-
CSI-RTC-Sea Org, for whatever Scientology type purpose, not
telling the whole (truthful part of) the story. In Item 15,
above, the persons in charge untruthfully assert "the Church
obtained permission from the Los Angeles Police Department". So
too, in the Miscavige Declaration of February 8, 1994 (at page
31, lines 27-28, DM Declaration "under penalty of perjury") Mr.
Miscavige swears that: "Armstrong was proven a liar. In a police-
sanctioned investigation..." What this head man's patent
untruth does not reveal about their "undercover agent", one
Eugene M. Ingram, the opinion of no less a public figure than the
Chief of Police, Los Angeles, in the annexed Armstrong Exhibit E
reveals (emphasis supplied) that: the letter is believed "to have
been drafted by Ingram himself," and that "The Los Angeles Police
Department _has not_ cooperated with Eugene Ingram. _It will be
a cold day in hell when we do_."
Item 17: "...his justification defense...was completely
bogus..."
Item 25: "The Court of Appeal upheld Breckenridge's
decision on the legal technicality that it
believed a justification defense is available to
defend against theft in California."
Item 27: "The Church recently sued Armstrong for his
blatant disregard of his obligations under the
settlement agreement...another Superior Court
Judge was not impressed and slapped Armstrong
(Note 5) with a preliminary injunction."
(Note 5: While defendants CSI-Miscavige et al choose to exult for
a moment over issuance of a _preliminary_ restraining order,
plaintiff suggests that unaccustomed Scientology candor would at
this point have less triumphantly revealed the other half of this
"good news, bad news" vignette, _viz_, Judge Sohigian, while
granting a narrow part of Scientology's requested injunction
_also stated_ that:
"[Scientology] involves abusing people who are weak...
involves techniques of coercion. . .[there is] a very,
very substantial deviation between [Scientology's]
conduct and standards of ordinary, courteous conduct
and standards of ordinary, honest behavior. . .[when
dealing with Scientology] be sure you cut the deck...
make sure to count all the chips."
26. Plaintiff, upon learning of the existence of the
subject libelous materials, called their existence to the
attention of his undersigned counsel in Nevada attorney George
Abbott. After lengthy Armstrong-Abbott discussion, the two agreed
to make demand of and afford written opportunity for publication
of full retraction by Ms. Norman, as well as by defendants CSI,
RTC and Miscavige.
27. Prior to making demand for retraction, plaintiff
and his legal counsel had concluded that the transparently
provable facts constitute clear evidence that "fair game" and
black PR" has pursued Gerry Armstrong up to today -- whatever
misstated history and facts Scientology's all-powerful David
Miscavige has chosen to rewrite. A photocopy of the letter sent
to defendant Cathy Norman, with copies to CSI, RTC and Miscavige
and dated February 12, 1997 is annexed hereto as Armstrong
Exhibit C, and incorporated herein.
28. The only response to the Norman-CSI-RTC-Miscavige
directed letters came from one attorney Andrew Wilson, whose
opening statement declared that "[t]his firm represents Church of
Scientology International ("CSI") in the referenced matter and
has been asked to respond to your letter," and who rejected
plaintiff's demand for retraction out of hand. A photocopy of the
letter received from Mr. Wilson and dated February 25, 1997 is
annexed hereto as Armstrong Exhibit D, and incorporated herein.
29. Plaintiff does repeat, reallege, adopt, and
incorporate by reference herein as though set out in haec verba
herein, each allegation contained in paragraphs 1 through 28
hereinabove.
FIRST CLAIM FOR RELIEF
30. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 1 Armstrong had stolen Scientology's and Hubbard's
documents (Exhibit B, paras.5,6,7,8,9,10,11,13,14,18)
This statement by defendants concerning plaintiff is false and
libel per se.
SECOND CLAIM FOR RELIEF
31. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 2 Armstrong's defense of justification in his 1984
trial because of his fear of attacks by
Scientology was a total farce, completely bogus, a
fraud, and a fraudulent sabotage (Exhibit B,
paras. 2,14,17,20)
This statement by defendants concerning plaintiff is false and
libel per se.
THIRD CLAIM FOR RELIEF
32. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 3 Scientology was ambushed by Armstrong and his
attorney at trial and had no chance to prepare and
put on evidence (Exhibit B, paras. 10,12)
This statement by defendants concerning plaintiff is false and
libel per se.
FOURTH CLAIM FOR RELIEF
33. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 4 Armstrong wanted to seize control of Scientology
(Exhibit B, paras. 2,14,16)
This statement by defendants concerning plaintiff is false and
libel per se.
FIFTH CLAIM FOR RELIEF
34. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 5 Armstrong sought to recruit dissident
Scientologists to overthrow the organization
(Exhibit B, paras. 15,16)
This statement by defendants concerning plaintiff is false and
libel per se.
SIXTH CLAIM FOR RELIEF
35. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 6 The Los Angeles Police Department granted
Scientology permission to conduct undercover
surveillance of Armstrong (Exhibit B, para. 15)
This statement by defendants concerning plaintiff is false and
libel per se.
SEVENTH CLAIM FOR RELIEF
36. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 7 Armstrong created a plan to plant forged and
incriminating documents in Scientology files to be
found in a raid by the Internal Revenue Service
(Exhibit B, paras. 16,19)
This statement by defendants concerning plaintiff is false and
libel per se.
EIGHTH CLAIM FOR RELIEF
37. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 8 Armstrong stated that neither truth nor good faith
play any significant role in litigation (Exhibit
B, para. 21)
This statement by defendants concerning plaintiff is false and
libel per se.
NINTH CLAIM FOR RELIEF
38. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 9 Armstrong stated that facts mean nothing to a
civil litigant and that truth is merely an
avoidable obstacle (Exhibit B, para. 21)
This statement by defendants concerning plaintiff is false and
libel per se.
TENTH CLAIM FOR RELIEF
39. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 10 Armstrong boasted at length of his ability to lie
and to forge documents (Exhibit B, para. 2)
This statement by defendants concerning plaintiff is false and
libel per se.
ELEVENTH CLAIM FOR RELIEF
40. On all of the foregoing allegations and pursuant
to applicable law plaintiff does claim damages in an amount to be
established upon proofs to be adduced and does set out the
damaging words:
Falsehood 11 The evidence shows Armstrong's state of mind to be
of a calculating, aggressive and dishonest
character (Exhibit B, para. 24)
This statement by defendants concerning plaintiff is false and
libel per se.
41. The above falsehoods were known by defendants to
be false and were manufactured and disseminated by defendants
maliciously with the intention of causing plaintiff to be
mistrusted, reviled, shunned, humiliated and further attacked,
and as a result of defendants' manufacture and dissemination of
the above falsehoods plaintiff was mistrusted, reviled, shunned,
humiliated and further attacked.
42. Separately and together, these falsehoods, supra,
were calculated to cause great injury to plaintiff's reputation,
credibility and character.
43. Plaintiff has always enjoyed a good reputation for
honesty, truthfulness and uprightness of character. Judge
Breckenridge in his 1984 decision stated regarding plaintiff that
"he did what he did, because ... [of] his dedication to the
truth;" and that his "testimony [was] credible, extremely
persuasive."
44. The calculated, willful, reckless, and harmful
mistreatment -- with resulting physical, mental, and economic
damages -- exemplified by the allegations of each of the foregoing
eleven claims for relief, directly caused the injuries to plaintiff's
person alleged in the hereinafter alleged Twelfth
Claim for Relief.
TWELFTH CLAIM FOR RELIEF
(Intentional Infliction of Emotional Distress)
45. Plaintiff does repeat, reallege, adopt, and
incorporate by reference as though set out in haec verba herein,
each allegation contained in paragraphs 1 through 44 hereinabove.
46. Plaintiff, for a twelfth claim for relief does
allege that for more than fifteen years defendant David Miscavige --
individually, and in concert with a handful of societal kin,
with others making up an all-powerful "Scientology" cabal -- has
been engaged in a relentless, never-interrupted course of conduct
designed to destroy plaintiff Gerald Armstrong.
47. The methods of destruction at hand were those
approved, indeed in no small part invented by the now deceased
L. Ron Hubbard. Central to the chosen means were the "fair game"
and "black propaganda" techniques and practices described
hereinabove. Defendant Miscavige was not above indulging in
false, wholly untrue, harmful and spiteful, even inhumane,
statements, including even those "under penalty of perjury", as
exemplified by the exposition of Miscavige sworn and unsworn
public statements to the light of truth, supra. As two examples
of this defendant's willingness to be untruthful, the complaint
specifically identifies DM's "sworn under penalty of perjury"
declarations embracing the much-vaunted Miscavige insistence that
"early on, _I_ ended fair game, once and for all"; so too, the
Miscavige flat out claim an "undercover agent" was "sanctioned"
by the Los Angeles Police Department, a claim proven to be a lie.
_See_ Armstrong Exhibit E.
48. A search by plaintiff through discovery will be
needed to confirm (or to deny) the many and diverse rumors afloat
regarding the degree of "fair game" and "black propaganda"
directed at Armstrong over the past fifteen year period and
currently.
49. Meantime plaintiff alleges unbridled misconduct
-- by defendant Miscavige, and/or under his control and
direction, and/or within his knowledge and acquiescence at all
times, all within the purview of the defendants and each of them
-- which conduct has been and is, designed to inflict nonstop
severe and grossly damaging emotional distress.
50. (a) By means of the premises herein established,
these defendants and each of them have unlawfully and maliciously
caused plaintiff to become greatly vexed, harassed, and injured,
have caused him to suffer great mental and nervous strain, and
caused his feelings to be hurt.
(b) Defendants' misconduct has also caused plaintiff
to be exposed to, and to have suffered, intended or actual public
and institutional (e.g. Watchman Fellowship) hatred, contempt,
and obloquy, all constituting misconduct designed to deprive him
of public confidence and social intercourse in the communities in
which he has resided or where he has sojourned.
(c) The actions of defendants designed to destroy
plaintiff -- embracing "destruction" in all its forms, literally,
physically, psychicly, mentally, in his livelihood, in ordinary
senses of well being, through every form of intentional
infliction of emotional distress -- in compensatory damages in
amount upon proofs to be adduced but estimated to exceed $900,000
from and after May 10, 1993. On said premises, and by reason of
the aforesaid acts of defendants, plaintiff has sustained serious
actual damages, in an amount to proven at trial, but no less than
the minimum jurisdictional amount for this Court.
TRIAL OF THIS MATTER BEFORE A JURY IS DEMANDED.
WHEREFORE, plaintiff prays for damages against all
defendants, jointly and severally, as follows:
ON ALL TWELVE CLAIMS FOR RELIEF ABOVE SET OUT
1. For general damages according to proof at trial.
2. For special damages according to proof at trial.
3. For costs of suit.
4. For punitive damages; and
5. For such other relief as the Court may deem just.
Dated: Minden, Nevada
November 21, 1997,
Respectfully submitted,
GEORGE W. ABBOTT, CHARTERED
George W. Abbott
STATE OF NEVADA )
: ss.
COUNTY OF DOUGLAS )
GERALD ARMSTRONG, under penalty of perjury, makes the
following assertions:
He is the plaintiff in the above-entitled action; that he
has read the foregoing Complaint for Libel and for Defamation,
and for Other Relief and knows the contents thereof; that the
same is true of his own knowledge, except for those matters
therein contained stated upon information and belief, and as to
those matters, he believes it to be true.
Gerald Armstrong
Subscribed and sworn to before me this 21st day of November, 1997.
Notary Public
Copyright © Gerry Armstrong - All Rights Reserved.